Harold Hongju Koh

BOOKS and MONOGRAPHS

The National Security Constitution: Sharing Power After the Iran-Contra Affair, Yale University Press, 1990 (revised and expanded edition Yale, forthcoming 2021)

American Schools of International Law, 410 Recueil des Cours (Martinus Nijhoff 2020) (Monograph of Inaugural Keynote Lectures at first Winter Session at The Hague Academy of International Law)

The Trump Administration and International Law (2019) (Oxford University Press)

Transnational Business Problems (6th ed. 2019) (Foundation Press), with Detlev F. Vagts & William S. Dodge & Hannah Buxbaum

A Reader’s Guide to the Twenty-Fifth Amendment (2018), with students from Yale Rule of Law Clinic.

Foundations of International Law and Politics (with Oona A. Hathaway Oxford 2009)

Transnational Litigation in United States Courts (2008) (Foundation Press)

Justice Harry A. Blackmun Supreme Court Oral History Project, Federal Judicial Center/Supreme Court Historical Society (Editor 1994-1996) (public release 2004)

The International Human Rights of Persons with Intellectual Disabilities: Different but Equal (Oxford University Press 2002) (with Stanley Herr and Lawrence Gostin, eds)

Deliberative Democracy and Human Rights (with Ronald C. Slye) (Yale University Press 1999) (translated into Spanish)

International Business Transactions in United States Courts, 261 Recueil des Cours (Martinus Nijhoff 1998) (Monograph of Lectures in Private International Law at The Hague Academy of International Law)

Transnational Legal Problems (with Henry Steiner & Detlev Vagts) (Foundation Press 4th ed. 1994) and Documentary Supplement (1994)

The National Security Constitution: Sharing Power After the Iran-Contra Affair (Yale University Press 1990) (Winner, Richard E. Neustadt Award, awarded by the Presidency Research Section, American Political Science Association, to the best book published in 1990 that contributed most to research and scholarship on the American Presidency)

ARTICLES and BOOK CHAPTERS

Keynote Address: A Community of Reason and Rights, 77 Fordham L. Rev. 583 (2008)

A Day in Court Denied The Washington Post, Monday, March 31, 2008 Page A19

No Torture. No Exceptions. The Washington Monthly, January/February/March 2008

Tom Eagleton: True Senator, 52 St. Louis U. L Journal 25 (2008)

Mirjan Damaska: A Bridge Between Two Cultures, in Maximo Langer, et al., Festschrift for Mirjan Damaska (2008)

Sale v. Haitian Centers Council: Guantanamo and Refoulement (with Michael J. Wishnie), in Ford, Hurwitz & Satterthwaite, Human Rights Advocacy Stories (2000)

Repairing America’s Human Rights Reputation, 40 Cornell Int’l L.J. 635 (2007)

Is there a “New” New Haven School of International Law? 32 Yale Law Journal 559 (2007)

“Repair America’s Human Rights Reputation”—op-ed appeared in the Summer 2007 issue of the Yale Law Report as part of a collection of op-eds written by Yale Law School faculty members

Tom Eagleton: True Senator, 52 SLU L. Rev. 1 (2007)

Preface to Eugene Fidell, Beth Hillman & Dwight Sullivan, Military Justice: Cases and Materials (2007)

Preface to William J. Aceves, The Anatomy of Torture: A Documentary History of Filártiga v. Peña-Irala (2007)

The Future of Lou Henkin’s Human Rights, Movement, 38 Col. H.Rts Rev. 487 (2007)

In Memoriam: Robert F. Drinan, S.J. (1920-2007) 95 Georgetown Law Journal 1709 (2007)

The Activist: Robert S. Drinan S.J., Stirring the Human Rights Revolution, BC Law Magazine 7 (Summer 2007) (tribute to Father Drinan)

Louis B. Sohn: Present at the Creation, Harvard International Law Journal, 2006

The Healing Wisdom of Jay Katz, 6 Yale J. Health Policy, Law and Ethics 397 (Spring 2006)

Harry Andrew Blackmun, in Yale Biographical Dictionary of American Law (2007)

“A Law Unto Itself?,” Yale L.J. (The Pocket Part), March 2006

Tribute to President Francis Daly Fergusson, upon her retirement from Vassar College, Vassar Quarterly, “Energy in the Executive”

“Mark Janis and the American Tradition of International Law,” Conn. J. Int’l L.

“Captured by Guantanamo”

Choosing Heroes Carefully (Tribute to John Hart Ely), 57 Stan. L. Rev. 723 (2005)

“The Bright Lights of Freedom,” This I Believe, NPR

“The Value of Process,” in Why Obey International Law?, 10 Int’ Legal Theory 1 (2004)

“Standing Together,” 15 Law & Sexuality, 15:1

“Internalization Through Socialization,” Duke L.J. 54: 975 (2005)

“Commentary: A World Drowning in Guns,” in International Law and International Relations 59-76 (Thomas Biersteker, Veronica Raffo, Peter Spiro and Chandra Sriram, eds Routledge 2006)

Preface to Jaya Ramji & Beth van Schaack, Bringing the Khmer Rouge to Justice: Prosecuting Mass Violence Before the Cambodian Courts

The Ninth Annual John W. Hager Lecture, The 2004 Term:  The Supreme Court Meets International Law, Tulsa Journal of Comparative & International Law 12: 1 (2004)

"The Wolfgang Friedmann Lecture: A World Without Torture," Columbia Journal of Transnational Law (2005)

International Law as Part of Our Law, 98 Am. J. Int’l Law 43 (2004)

Separating Myth and Reality about Corporate Responsibility Litigation, 7 J. Intl Econ. L. 263 (2004)

Snatched in Sudan, Captive in Khartoum, Times Higher Education Supplement, Feb. 20, 2004

Advice to the Next High Commissioner, Columbia Human Rights L. Rev. 2003

Transnational Legal Process After September 11, 22 Berkeley J. Int’l L. (2004)

Rights to Remember, Economist, November 2003 at 24

American Diplomacy and the Death Penalty (with Thomas Pickering) 80 Foreign Service Journal 19 (October 2003)

"On America's Double Standard: The Good and Bad Faces of American Exceptionalism,” American Prospect (October 2004)

"America's Jekyll and Hyde Exceptionalism," chapter in Michael Ignatieff, American Exceptionalism and Human Rights (Princeton University Press 2005)

On American Exceptionalism, 55 Stan. L. Rev. (2003)

A World Drowning in Guns, 71 Fordham L. Rev. (2003)

Why the United States should ratify the Convention for the Elimination of Discrimination Against Women (CEDAW), 34 Case W. Res. L. Rev. 258 (2002)

Tribute to John Sexton, 60 Annual Survey of American Law (2003) (tribute to John Sexton)

A Tribute to Tom the Frank, 35 NYU Journal Int’l L. & Pol. (2003) (tribute to Thomas Franck)

The Law Under Stress After September 11, 31 Int’l Legal Info. 317 (2003)

International Human Rights of Persons with Mental Disabilities, 63Md. L. Rev. 1 (2004)

Wrong on Rights, Yaleglobal Online (2004)

In Memoriam: Dean Eugene V. Rostow, Yale Law Report 16 (Summer 2003)

Paying “Decent Respect” to the World Opinion on the Death Penalty, 35 U.C. Davis L. Rev. 1085 (2002)

Paying Decent Respect to International Tribunal Rulings, 2002 Proceedings of the American Society of International Law

Against Military Tribunals, Dissent Magazine 58 (Fall 2002)

One Year Later, America Deserves Mixed Reviews, Yale Daily News (September 13, 2002)

A Better Way to Deal with Iraq, Hartford Courant, October 20, 2002

“Preserving Our Values: The Challenge At Home and Abroad," chapter 6 in The Age of Terror: America and the World After September 11 at 143 (Strobe Talbott & Nayan Chanda, eds. Basic Books 2002)

"The Spirit of the Laws," 43 Harv. Int'l L.J. 23 (2002)

"The 2001 Richard Childress Memorial Lecture: A United States Human Rights Policy for the 21st Century," 46 St. Louis U. L. J. 293 (2002) (special issue with nine commentators)

"The Case Against Military Commissions," 96 Am. J. Int'l L. 337 (April 2002)

"Transnational Legal Process Illuminated,"in Transnational Legal Processes: Globalisation and Power Disparities 327 (Michael Likosky ed. Butterworths Press 2001)

"The Globalization of Freedom,"26 Yale J. Int'l L. 305 (2001)

"A Passion for Service," 45 N.Y.L.S. L. Rev. 17 (2001) (tribute to Harry Wellington)

"An Uncommon Lawyer," 42 Harv. Int'l L.J. 7 (2001) (tribute to Abram Chayes)

"We Have The Right Courts for Bin Laden," N.Y. Times, Nov. 23, 2001 at A39

Six Civil Rights Experts Weigh in on Sept. 11, Time.com, 12-1-01
 
"The U.S. Can't Allow Justice to Be Another War Casualty," The Los Angeles Times; Dec. 17, 2001 at B11

"The Best Defense: Article I," The Hartford Courant (September 16, 2001)

"America the Pariah," Project Syndicate (August 2001) (op ed piece published in 20 foreign newspapers)

"Estados Unidos y Europa, divididos por la pena de muerte," LA NACION (Argentina) July 23, 2001

"A Dismal Record on Executing the Retarded," New York Times (June 14, 2001)

"A Wake Up Call on Human Rights" Washington Post (May 8, 2001)

"A Breakthrough in North Korea," Washington Post (November 2, 2000)

"Complementarity Between International Organisations on Human Rights/The Rise of Transnational Networks as the "Third Globalization," 21 Human Rights Journal 307 (2000)

"The Third Globalization: Transnational Human Rights Networks," Introduction to the 1999 Human Rights Report, U.S. Dept. of State, Country Reports on Human Rights Practices for 1999 at xv (vol.1) (2000)

"The Right to Democracy,"  Introduction to the 1998 Human Rights Report, U.S. Dept. of State, Country Reports on Human Rights Practices for 1998 at xv (vol.1) (1999)

"1998 Harris Lecture: How Is International Human Rights Law Enforced?" 74 Indiana L. J. 1397 (1999)

"1998 Frankel Lecture: Bringing International Law Home," 35 Houston L. Rev. 623 (1998)

"Is International Law Really State Law?", 111 Harv. L. Rev. 1824 (1998)

"Why Do Nations Obey International Law?", 106 Yale L.J. 2599 (1997)

"Ten Lessons About Appellate Oral Argument,"71 Connecticut Bar Journal 218 (1997)

"Congressional Protection of International Human Rights,"170 Fed. R. D. 285 (1997)

"Book Review, Chayes & Chayes, The New Sovereignty," 91 American Journal of International Law 389 (1997)

"War and Responsibility in the Dole/Gingrich Congress," 50 Miami L. Rev. 1 (1996)

"Transnational Legal Process," 75 Neb. L. Rev. 181 (1996)

"The Constitution,"in Encyclopedia of U.S. Foreign Relations (Oxford University Press 1996)

"A World Transformed," 20 Yale Journal of International Law vii (1995)

"America's Offshore Refugee Camps," 29 Richmond L. Rev. 139 (Allen Chair 1994)

"Refugees, The Courts, and the New World Order," 1994 Utah L. Rev. 999

"The 'Haiti Paradigm' in United States Human Rights Policy," 103 Yale L.J. 2391 (1994)

"Democracy and Human Rights in U.S. Foreign Policy?: Lessons from the Haitian Crisis," 48 SMU L. Rev. 189 (1994)

"The Haitian Refugee Litigation: A Case Study in Transnational Public Law Litigation," 18 Md. J. Int'l L & Trade 1 (1994)

"Reflections on Refoulement and Haitian Centers Council," 35 Harv. Int'l L.J. 1 (1994)

"Who Are the Archetypal 'Good' Aliens?" 88 American Society of International Law Proc. 450 (1994)

"Justice Blackmun and the 'World Out There'," 104 Yale L.J. 23 (1994)

Broadening Access to International Law Resources Through New Technology," 89 American Society of International Law Proc. -- (1995)

"Aliens in Our 'Beloved Community,'" Smithsonian Working Paper (1995)

"One Step Forward, One Step Back," Miami Herald, May 4, 1995 A27

Alliance for Justice, "First Monday," October 3, 1994 (video panel)

"Terms for Assessment," Roundtable on Justice Blackmun, ABA Journal 52 (July 1994)

"Justice Done," New York Times, Apr. 8, 1994, at A27

"The Justice Who Grew," 1994 J. S.Ct. Hist. 5 (1994)

"DIANA: A Human Rights Data Base," 16 Human Rights Quarterly 753 (1994) (with N. Finke, T. Fitchett, and R. Slye)

"Bitter Fruit of the Asian Immigration Cases," 6 Constitution 68 (1994) (reproduced in Cong. Record, Jan. 6, 1995 at S569)

"Standing Up for Principle: A Personal Journey," 5 Korean and Korean-American Studies Bulletin 4 (1994)

"A Tribute to Justice Harry A. Blackmun," 108 Harv. L. Rev. 20 (1994)

Remarks at Proceedings Held on the Occasion of the Induction of Jose A. Cabranes As U.S. Circuit Judge, 2d Cir. (Sept. 26, 1994)

"The New New International Economic Order," 87 American Society of International Law Proc. 259 (1994)

"Aliens and the Duty of Nonrefoulement:  Haitian Centers Council, Inc. v. McNary," 6 Harvard Human Rights Journal 1 (1993) (with the Lowenstein Human Rights Clinic)

"The Role of the Courts in War Powers Cases," in Constitutional Government and Military Intervention After the Cold War (M. Halperin & G. Stern eds.) (Westview Press 1993)

"The President Versus the Senate in Treaty Interpretation: What's all the Fuss About?" 15 Yale Journal of International Law 331 (1990)

"Reply to Book Reviews of The National Security Constitution: Sharing Power After the Iran Contra Affair, 15 Yale Journal of International Law 382 (1990)

"A History of the Fast Track Approval Mechanism," Chap. 1, A. Holmer & J. Bello, eds., The Legislative Fast Track: Its Illustrative Use for the U.S.-Canada Free Trade Agreement (Prentice Hall 1990)

"The Iran-Contra Affair," The Guide to American Law Yearbook 1990 (West 1990)

"The Human Face of the Haitian Interdiction Program," 33 Virginia Journal of International Law 483 (1993)

"Two Cheers for Feminist Procedure," 61 University of Cincinnati Law Review 1201 (1993)

"Protecting the Office of Legal Counsel from Itself," 15 Cardozo Law Review 1601 (1993)

"The War Powers Resolution," in Cold War Patriot and Statesman:  Richard M. Nixon 321 (L. Friedman and W. Levantrosser, eds.) (Greenwood Press, 1993)

"Against Specialization in The Teaching of International Law," Contemporary International Law Issues: Sharing Pan-European and American Perspectives 198 (1992)

"The Fast Track and United States Trade Policy," 18 Brooklyn J. Int'l L. 143 (1992)

"Dollar Diplomacy/Dollar Defense:  The Fabric of Economics and National Security Law," 26 International Lawyer 715 (1992) (with John Choon Yoo)

"Los regímenes de formulacion de politica comercial del Congreso y del Ejecutivo estadunidenses y su relacion con un posible acuerdo de libre comercio entre Canada, México y Estados Unidos," México/Estado Unidos 1990 at 193 (G. Vega ed. 1992)

Remarks at Presentation of the Portrait of the Honorable Malcolm R. Wilkey, 992 F.2d lxxi (1993) (U.S. Ct. App. D.C. Dec 17, 1992)

Selections, Encyclopedia of the American Presidency (1993)

Closed Door Policy for Refugees," Legal Times 36 (July 26, 1993)

"We the People --and Congress-- Have Yet to Be Heard" (with Bruce Ackerman), L.A. Times (May 5, 1993)

"Reflections on Kissinger," Constitution (Winter 1993)

"The War Powers Debate," Ending the Cold War at Home 41 (1992)

"The Constitution and the Bill of Rights," 85 American Society of International Law Proc. 199 (1991)

"Foreword," Asian Americans and the Supreme Court:  A Documentary History ix (H.C. Kim ed.) (Greenwood Press 1992)

"Begging Bush's Pardon," 29 Hous. L. Rev. 889 (1992)

Conversation/By Steve Kemper," Northeast Magazine, July 26, 1992

"Good News, Bad News," Constitution 13 (Spring-Summer 1991)

"Bush Honors the Law When It Pleases Him," Newsday (January 20, 1991)

"A Justice for Passion," 1990 Annual Survey of American Law (1991)

"Transnational Public Law Litigation," 100 Yale L.J. 2347 (1991)

"The Constitutional Roles of Congress, the Executive and the Courts in the Conduct of U.S. Foreign Policy," (with K. Stith-Cabranes and S.Y. Koh) (Woodrow Wilson Center monograph) (Fall 1991)

"The Coase Theorem and the War Power:  A Response," 1991 Duke L.J. 122(1991)

"Presidential War and Congressional Consent:  The Law Professors' Memorandum in Dellums v. Bush," 27 Stanford J. Int'l L. 247 (1991)

"Summary Remarks, Conference on The Dynamics of U.S.-Korea Trade Relations: Economic, Political, Legal and Cultural," (East Rock Press, 1991)

"A Level Playing Field for Global Problems:  Section 337 of the Tariff Act -- A Case Study," Proceedings of the Eighth Annual Judicial Conference of the U.S.Court of Appeals for the Federal Circuit, 133 F.R.D. 257 (1990)

"The Liberal Constitutional Internationalism of Justice Douglas," He Shall Not Pass This Way Again: The Legacy of Justice William O. Douglas 297 (S. Wasby ed., U. of Pittsburgh Press 1990)

"The Responsibility of the Importer State," Chapter 8, in G. Handl & R. Lutz, eds., Transferring Hazardous Technologies and Substances: The International Legal Challenge 171 (Graham & Trotman/Martinus Nijhoff 1989)

"Don't Close the Books on Iran-Contra Mess," New Haven Register (May 13, 1990)

"Graduation Address to Yale Law School," (May 1989), excerpted in S. Lee & M. Fox, Learning Legal Skills 207 (1991) and Yale Law Report 14 (Fall 1989)

"What Congress Must Do To Reassert National Security Power," First Principles 5 (September 1988)

"Why the President (Almost) Always Wins in Foreign Affairs:  Lessons of the Iran-Contra Affair," 97 Yale Law Journal 1255 (1988) (republished as Chapter 6 in The Constitution and the Conduct of American Foreign Policy (David Gray Adler & Larry N. George eds. 1996)

"The Palestine Liberation Organization Mission Controversy," 82 American Society of International Law Proc. 534 (1988)

"Four Dichotomies in American Trade Policy," in Symposium, American Trade Policy: Actors, Issues, and Options, Special Issue No. 1, Yale L. & Pol'y Rev. 4 (1988)

"Introduction," Focus: Foreign Affairs Under the Constitution, 13 Yale J. Int'l L. 1 (1988)

"Rebalancing the Medical Triad: Justice Blackmun's Contributions to Law and Medicine," 13 Am. J. L. & Med. 201 (1988)

"The Treaty Power," 43 U. Miami L. Rev. 106 (1988)

"A Legal Perspective," Chapter 5, in Perspectives On A U.S.-Canadian Free Trade Agreement (R. Stern, P. Trezise & J. Whalley, eds.) (Brookings Institution 1987) (based on 12 Yale J. Int'l L. 193 (1987)

"The Legal Markets of International Trade: A Perspective on the Proposed United States-Canada Free Trade Agreement," 12 Yale Journal of International Law 193 (1987)

"Civil Remedies for Uncivil Wrongs:  Combatting Terrorism Through Transnational Public Law Litigation," 22 Texas Int'l.L.J. 169 (1987)

"Why the President (Almost) Always Wins in Foreign Affairs," 81 American Society of International Law Proc. 248 (1987)

Looking Beyond Achievement:  After `the Model Minority,' Then What?"," 3 Korean And Korean-American Studies Bulletin 15 (Fall/Winter 1987)

"Thoughts on Being a Korean-American Legal Academic," 1 Korean-American Journal 5 (May 1986)

"Asians in American Law", Yale Law Report 28 (Fall 1986)

Book Review, H. Steiner & D. Vagts, Transnational Legal Problems and D.Vagts, Transnational Business Problems, 20 Int'l.Law 1417 (1986)

"Judge Wilkey's Contributions to International Law and the Foreign Relations Law of the United States," 1985 B.Y.U. Law Rev. 647 (1985)

"Malcolm R. Wilkey:  Jurist and Scholar," 19 Int'l Law. 1289 (1985)

"Congressional Controls on Presidential Trade Policymaking after INS v. Chadha," 18 N.Y.U.J.Int'l.L.& Pol. 1191 (1986)

"Equality with a Human Face:  Justice Blackmun and the Equal Protection of Aliens," 8 Hamline Law Rev. 51 (1985)

Note, "The Constitutionality of Municipal Advocacy in Statewide Referendum Campaigns," 93 Harv.L.Rev. 535 (1980)

Case Comment, "Discovery from Media Defendants in Public Figure Defamation Actions: Herbert v. Lando," 93 Harv.L.Rev. 149 (1979)

Testimony before the Senate Judiciary Committee Subcommittee on the Constitution regarding Restoring the Rule of Law (September 16, 2008)

SELECTED CONGRESSIONAL TESTIMONY

Testimony before the House Foreign Relations Committee regarding “The 2006 Country Reports on Human Rights Practices and the Promotion of Human Rights in U.S. Foreign Policy” (March 29, 2007)

Testimony before the Senate Committee on the Judiciary regarding “Hamdan v. Rumsfeld: Establishing a Constitutional Process” (July 11, 2006)

Testimony before the Senate Committee on the Judiciary regarding “Wartime Executive Power and the National Security Agency’s Surveillance Authority” (February 28, 2006)

Testimony before the Senate Judiciary Committee regarding “The Nomination of the Honorable Alberto R. Gonzales as Attorney General of the United States” (January 7, 2005)

Testimony before the House Committee on International Relations regarding “A survey and analysis of supporting human rights and democracy:  The U.S. record 2002–2003” (July 9, 2003)

 “United States Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women,” Hearing Before the U.S. Senate Foreign Relations Committee (June 13, 2002)

“Human Rights in Turkey,” Hearing before the Commission on Security and Cooperation in Europe, Washington, DC (March 9, 2000).

“Country Reports on Human Rights Conditions,” Testimony before the Subcommittee on International Operations and Human Rights, U.S. House of Representatives Washington, DC, (March 8, 2000).

“The Global Problem of Trafficking in Persons: Breaking the Vicious Cycle,” Hearing Before the House Committee on International Relations (Sept. 14, 1999)

“Human Rights at the End of the 20th Century,” Hearing before the Commission on Security and Cooperation in Europe; Washington, DC, (March 17, 1999).

“Country Reports on Human Rights Conditions,” Testimony “Country Reports on Human Rights Conditions,” Testimony before the Subcommittee on International Operations and Human Rights, U.S. House of Representatives (March 3, 1999)

“Human Rights in China,” Testimony International Operations and Human Rights, U.S. House of Representatives, Washington DC (January 20, 1999)

“U.S. Policy Toward Haiti”: Hearing Before the Subcommittee on Western Hemisphere and Peace Corps Affairs of the Senate Committee on Foreign Relations, 103d Cong. 2d Sess. (Mar. 8, 1994)

“The Nonrefoulement Reaffirmation Act of 1992,” House Foreign Affairs Committee (June 11, 1992)

“U.S. Human Rights Policy Toward Haiti,” Hearing before Legislation and National Security Subocmmittee; House Government Operations Committee, 102nd Cong., 2nd Sess. 97 (April 9, 1992)

“The Constitutional Roles of Congress and the President in Waging and Delcaring War,” Senate Judiciary Committee (January 8, 1991)

“Executive-Congressional Relations in a Multipolar World,” Hearings Before the Senate Foreign Relations Committee, 101st Cong., 2d Sess. 92 (Nov. 26, 1990)

Testimony on H.R. 3665, the Official Accountability Act, before the House Judiciary Committee, Subcommittee on Criminal Justice, (June 15, 1988)